District Attorney

Legal Definitions

Arraignment: The first step taken by the court in a criminal prosecution when a criminal defendant is brought before the court to hear the charges they are facing, be advised of their rights and enter a plea (typically, “Not Guilty).

Arrest Warrant: A court order directing a law enforcement officer to arrest and bring a criminal defendant to court.

Conditional Release: A person charged with a crime is “released” from jail with the conditions they will show up for future court appearances, not engage in illegal activity, not contact the victim and other conditions the court deems appropriate.

Grand Jury: A body of seven Clackamas County citizens selected by the court at random from a pool of jurors to hear sworn witness testimony regarding criminal matters occurring within the county. The grand jury may “indict” a person for a crime when it believes the person is guilty of committing the offense.

Indictment: A formal written statement of the charge(s) found by a grand jury indicating that the case should be tried. Also called a "true bill.”

Information: A formal written statement of the criminal charge(s) made by the prosecution without a grand jury indictment.

Mistrial: A trial that the judge brings to an end without a determination on the merits because of a procedural error or serious misconduct during the proceedings. In a criminal trial, when the jury cannot agree on a verdict, the judge usually rules that there is a mistrial.

Plea: Response of a criminal defendant to the charges. Possible pleas include "not guilty,” "guilty,” "no contest,” or "guilty except for insanity." For criminal court purposes, a "no contest" plea has the same effect as a "guilty" plea.

Release on Own Recognizance (ROR): A person charged with a crime is “released” from jail on the promise they will show up for future court appearances and not engage in illegal activity prior to trial.

Sentencing: A hearing to determine what the consequences for criminal conduct will be based on the offense, the offender’s criminal history and any aggravating or mitigating factors.

Settlement Conference: A hearing conducted by a judge to help the parties resolve a criminal case prior to trial.

Criminal Trial Procedure

1. Voir Dire
   The judge and both lawyers question potential jurors and "strike" (remove) those who do not appear impartial. The final panel is composed of 6 people for misdemeanor trials, or 12 people for felony trials.
2. Opening Statements
   Both lawyers have an opportunity to tell the jury the facts they expect the jury to learn during trial. The prosecutor always goes first.
3. State's Case
   Prosecution presents its case through witness testimony and exhibits.
   1. Direct Examination
      Witnesses are questioned by the prosecutor to establish "what happened."
   2. Cross Examination
      Witnesses are questioned by the defense attorney in an attempt to clarify, explain, or discredit what the witness has said.
4. Defense Case
   The defense now has the opportunity to present any evidence they wish the jury to consider, or may choose to offer no evidence. The defense attorney will directly examine their witnesses, and the prosecutor will cross-examine them.
5. Rebuttal
   Prosecution witnesses may testify to dispute what the defense witnesses have said. This testimony must be something that has not previously been testified to in the State's case. Witnesses are directly examined by prosecutor and cross-examined by defense attorney.
6. Closing Arguments
   Both lawyers summarize and argue their cases to the jury. The prosecutor is allowed to close first, then speak again after the defense attorney's closing argument.
7. Jury Instructions
   The judge explains the law to the jury.
8. Deliberations
   The jury goes to the jury room to discuss the case and decide a verdict. The jurors must unanimously vote “guilty” to convict, or at least 10 must vote “not guilty” for an acquittal. If a decision cannot be reached, the judge may declare a mistrial because of a "hung jury," and the case may be retried before a new jury.

The Vehicular Homicide Team responds to criminal traffic crashes involving death or serious physical injury. The team includes five Deputy District Attorneys with over 60 years of combined experience and is available 24/7/365 to assist with investigations and prosecutions. 

What the Team Does 

• Supports law enforcement in cases involving Manslaughter, Criminally Negligent Homicide, DUII, and Assault
• Advises on legal matters during investigations
• Partners with Victim Services to guide families through the criminal justice process 

Investigation and Prosecution 

The team collaborates with: 

• Detectives and crash reconstruction specialists
• First responders and medical personnel
• Other experts to ensure thorough and accurate case handling 

Regular county-wide trainings help maintain a consistent and effective response to these serious and often devastating cases. 

There are two DDAs assigned to review stalking-related cases, including stalking and violations of a Stalking Protective Order. In some situations where a violation does not meet the legal standard, a contempt of court charge may apply. 

Victims of stalking are encouraged to report incidents to law enforcement. They may also apply for a civil Stalking Protective Order, even if a criminal case has not been filed or is not pending. A civil order can provide protections similar to a no-contact order and may be available sooner. 

The Victim Services office can help stalking victims understand their options and assist with completing the necessary paperwork to request a protective order. 

Specialty courts are alternative courts designed for offenders and vulnerable populations with unique needs. These courts focus on providing services and treatment—such as mental health care or substance use programs—rather than relying solely on jail time. 

Types of Specialty Courts in Clackamas County 

• Community Court – For individuals charged with low-level offenses that affect community quality of life, such as trespassing or minor theft.
• Drug Court – For adults whose criminal behavior is influenced by drug abuse or addiction.
• DUII Court – Focused on repeat drunk driving offenders, addressing the root issues of addiction and accountability.
• Domestic Violence Deferred Sentencing Program (DVDSP) – Available to some defendants charged with misdemeanor domestic violence against a family or household member.
• Law Enforcement-Assisted Diversion (LEAD) – Targets low-level offenders experiencing homelessness or addiction, connecting them with services to reduce future criminal behavior.
• Mental Health Court – For individuals charged with a crime who have been diagnosed with a major mental illness, such as schizophrenia or bipolar disorder. 

These programs aim to improve public safety while addressing the underlying causes of criminal behavior through treatment, support, and accountability. 

Mental Health Court (MHC) is a specialty court program for people who have committed a crime and are living with a major mental illness, such as schizophrenia, bipolar disorder, or similar conditions. The goal is to support participants in managing their mental health while addressing the underlying issues that contributed to their criminal behavior. 

MHC is a collaborative effort involving the District Attorney’s Office, probation, the court, local defense attorneys, and Clackamas County’s Behavioral Health Unit. Together, this team provides wrap-around services that may include medication support, substance use treatment, weekly group counseling, and help securing stable housing. 

Who Can Participate 

To be eligible, individuals must: 

• Live in Clackamas County
• Be willing to follow all program requirements
• Not pose a significant public safety risk 

How the Program Works 

Participants meet regularly with the Mental Health Court team, follow a treatment plan, and attend scheduled court hearings to track their progress. The program is designed to hold individuals accountable while giving them the structure and support they need to stabilize and succeed. 

In many cases, MHC offers meaningful incentives. Participants may receive reduced jail or prison time in exchange for meeting treatment goals and complying with program rules. Some individuals may also qualify for deferred sentencing—meaning their case could be dismissed upon successful completion of the program, depending on their charges and criminal history. 

Benefits of Mental Health Court 

• Reduces the likelihood of future criminal behavior
• Connects individuals with consistent mental health treatment
• Provides closer supervision than traditional probation
• Supports long-term stability in the community 

Contact 

Mental Health Court is held at the Clackamas County Courthouse. 
For more information, call 503-655-8401. 

Impact Court is a pre-charging diversion program designed to reduce future criminal behavior among individuals experiencing homelessness or addiction who commit low-level offenses. Participants are connected with case managers who help them access services such as addiction treatment, medical care, housing, and job placement. 

How to Enter Impact Court 

There are two paths into the program: 

1. Law Enforcement Referral:
   1. When a law enforcement officer investigates a low-level offense (like trespassing or minor theft), eligible individuals are diverted from jail to a case manager.
   2. Participants complete an in-depth assessment within 14 days and sign a release allowing information sharing with program partners.
   3. The officer files an arrest report for DA review. If the participant meets all program requirements, no criminal charges are filed. Failure to comply results in charges being filed.
2. Partner Referral:
   1. A program partner may refer an individual who meets program criteria (affected by drugs or alcohol, facing homelessness, and involved with the criminal justice system).
   2. The team evaluates whether participation will benefit both the individual and the community. Eligible candidates are then brought into the program. 

Impact Court focuses on addressing underlying causes of crime, providing support, and improving community safety through proactive intervention.